Rajiv Roy, J.—Being aggrieved by and dissatisfied with the judgment and order dated 9.7.2021 passed by learned 3rd Additional Sessions Judge, East Champaran at Motihari in NDPS Case No. 52 of 2014 arising out of CIS No. 526 of 2014 by which the sole appellant was convicted for the offences punishable under sections 20(b)(ii)(C) and 23(c) of the NDPS Act and further dated 17.7.2021 whereby and whereunder he was sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 1,00,000/- (one lakh) for the aforesaid offence under sections 20(b)(ii)(C) and 23(c) of the NDPS Act and in case of default in payment of fine further R.I. for one year, the present appeal has been filed.

2. The matrix of the facts giving rise to the present appeal is/are as follows:—

3. Koshy Jacob (P.W.-1), Custom Inspector, Land Customs Station (as short the LCS), Raxaul is the complainant. He lodged official complaint alleging therein that during the course of routine check at LCS, Raxaul, on 2.8.2014 at around 12:30 hours, the officials of the customs noticed that three persons coming from Nepal side are wearing clothes which which do not deem appropriate for the summer season They were walking slowly on foot and were coming towards India side. The Officer intercepted them and enquired about their purpose of visit to Nepal to which their reply was that they had gone to Nepal for tourist purpose. However, on query, they could not give the details of the places visited by them. On further query as to why they were wearing jackets in the summer, no satisfactory reply was forthcoming.

4. On further query, they informed that 'Charas' is being strapped to the body. They gave their names as Munna Khan (the appellant), Shukhal Mian and Bhatuna Mian. They were asked as to whether they wanted themselves to be checked by the Superintendent of Customs or any Magistrate to which they stated that they have no problem in getting themselves checked by the Superintendent of Custom, Raxaul. Accordingly, they were produced before Ajay Kumar Sinha (P.W.-13) the Superintendent of Custom, LCS, Raxaul for conducting physical check in the presence of two independent witnesses.

5. On through checking of the body from the appellant Munna Khan, it was found that on the cotton waist jacket of his body having pockets contained 12 plates wrapped in light brown adhesive taps. Upon removal of the tap from the pocket, blackish plates in moist condition (believed to be 'Charas') were recovered. The total weight of the 12 packets was 6 (six) kgs. Accordingly, the appellant was arrested.

6. Thereafter, the 'Panchnama' was prepared which was proved by the witnesses, Rabindra Kumar (P.W.-6) and Sunil Thakur. The appellant as well as the witnesses signed/put thumb impression on the seizure list, a copy of which was given to the accused Munna Khan.

7. The voluntary statement of the accused Munna Khan was taken and subsequently the six samples were drawn by the complainant from the recovered/seized articles and were sent to Chemical Laboratory, Custom House, Kolkata for examination. The test report came on 11.8.2014 and the same was found to be 'Charas'.

This led to institution of Complaint Case No. VIII(10) 22/seiz/RXL/2014/4760.

8. Subsequently, the cognizance was taken under sections 20(b) (ii) (C), 21, 22, 23 and 24 on 6.11.2014. Further, charge was framed on 24.11.2014. The prosecution in support of their case produced the following witnesses.

1. Koshy Jacob (P.W.-1)

2. Sudhir Kumar (P.W.-2)

3. Manoranjan Singh (P.W.-3)

4. Ravi Ranjan Kumar Sinha, (P.W.-4)

5. Mukesh Prasad Sinha, (P.W.-5)

6. Ravindra Kumar Chaubey (P.W.-6)

7. Nalini Kumar Singh (P.W.-7)

8. Sudhendu Kumar Singh (P.W.-8)

9. Vinod Kumar Gupta (P.W.-9)

10. Ashok Kumar, (P.W.-10)

11. Arjun Dom (P.W.-11)

12. Rajendra Kumar Keshari (P.W.-12)

13. Ajay Kumar Sinha (P.W.-13)

Further on behalf of the prosecution, the following documents were marked as exhibits.

Exhibit-1-Panchnama dated 2.8.2014 with objection.

Exhibit-2-Seizure list with